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Wednesday, October 23, 2024 –Court sitting in Nairobi has barred the State against interfering with the ongoing activist of Kebaso Morara.
On Wednesday October 23, the court dealt a major blow to those attempting to criticise Morara’s activities or block his movement across the country saying he has a right to inspect and point out what he feels goes against the wishes of the overall public and that it is upon the State to counter him with facts and not violence.
In the ruling followed by this Kenyawide desk, the Milikani Law Court’s Justice Bahati Mwamuye directed that all State agencies and any other person intending to block the activist to stay away and leave him to go on with his job since it breaks no laws of the land.
”Pending the inter partes hearing and determination of the application dated 15/10/2024, a conservatory order be and is hereby issued restraining the respondents (the Government and Inspector General of Police), jointly and severally, from interfering with the interested party’s actions and/or activities regarding monitoring of or expressing views on government conduct, projects, programmes, or activities,’’ Mwamuye directed.
This landmark ruling came shortly after the Law Society of Kenya LSK challenged the constitutionality of Section 95(1)(b) of the Penal Code, which addresses the offense of creating a disturbance that may lead to a breach of the peace, a charge brought against Kebaso in the courts.
”At this interlocutory stage, the Petitioner/Applicant is seeking conservatory orders suspending the continued enforcement of Section 95(1)(b) of the Penal Code against all persons, but specifically as against the Interested Party, Morara David Kebaso, pending the hearing and determination of the application and thereafter the Petition,’’ court documents filed by LSK read.
The judge also directed that the government should not arrest the activist as he continues to take a tour of the development projects in any part of the country.
Morara was, on the weekend, attacked by armed goons in Narok County forcing him to take off by abandoning his cars on the highway.
Photos and videos would be shared across major social media channels showing abandoned cars on the road.
A group of youths in Narok emerged with further threats against Morara warning him to keep off Narok County because he is not their senator and he doesn’t hail from the area.